Who is David Hackett Souter?

David Hackett Souter (1939–2025) was an associate justice of the U.S. Supreme Court from 1990 to 2009. After earning law degrees from Harvard and Oxford, he spent two years in private practice before joining the state attorney general’s office, later becoming state attorney general in 1976. In 1983, he was appointed to the state Supreme Court. President George Bush nominated Souter to the U.S. Court of Appeals and then to the U.S. Supreme Court in July 1990. Souter, initially expected to align with conservative justices, gradually became a moderate liberal, often siding with liberal members like Ruth Bader Ginsburg and John Paul Stevens. He retired from the Supreme Court on June 29, 2009.

What job did David Souter have on the Supreme Court?

David Hackett Souter served as an associate justice of the U.S. Supreme Court from 1990 to 2009. President George Bush nominated Souter to the U.S. Supreme Court in July 1990, and the U.S. Senate confirmed him in October. Souter's nomination occurred before he had issued his first decision as a federal judge. Throughout his tenure, Souter gradually shifted from an expected conservative stance to a moderate liberal one, often aligning with liberal justices like Ruth Bader Ginsburg and John Paul Stevens.

What were some important decisions David Souter helped make?

David Souter, a U.S. Supreme Court Justice from 1990 to 2009, played a role in several important decisions. Initially expected to align with conservative justices, Souter gradually became a moderate liberal, often siding with justices like Ruth Bader Ginsburg and John Paul Stevens. In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), Souter, contrary to expectations, did not support overturning Roe v. Wade . Instead, he joined Justices Kennedy and O'Connor in creating the "undue burden" standard, which restricted but did not eliminate abortion rights. Souter also took left-leaning stances on school desegregation and race-conscious electoral districting, dissenting in 1995 to argue for lower courts' latitude in addressing constitutional violations by public officials. In 1996, he opposed striking down congressional districting plans in North Carolina and Texas designed to ensure African American representation, arguing that no harm would be done to white voters.

How was David Souter known for deciding cases?

David Souter, a U.S. Supreme Court Justice from 1990 to 2009, was known for evolving from a presumed conservative to a moderate liberal. Initially expected to align with conservative justices, Souter gradually sided with liberal members like Ruth Bader Ginsburg and John Paul Stevens. His shift began with Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), where he helped create the "undue burden" standard for abortion laws, preserving abortion rights. Souter also favored school desegregation and opposed striking down race-conscious electoral districting plans aimed at ensuring African American representation in Congress. By the late 1990s, Souter was recognized as an intellectual leader among the court’s moderates, known for his consensus-building skills.

What did David Souter do after retiring from the Supreme Court?

After retiring from the Supreme Court on June 29, 2009, David Hackett Souter, who passed away May 8, 2025, had expressed unhappiness with life in Washington and a desire to return to his home state of New Hampshire . By the late 1990s, Souter was known for his intellectual leadership among the court’s moderate members and for his skill at building consensus.

David Hackett Souter

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Supreme Court Associate Justice David Souter smiling in his judicial robe against a dark background.

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Born:: September 17, 1939, Melrose, Massachusetts, U.S.

Died:: May 8, 2025, Concord, New Hampshire (aged 85)

Title / Office:: supreme court (1990-2009), United States; Supreme Court of the United States (1990-2009), United States; supreme court (1983-1990), New Hampshire; attorney general (1976-1978), New Hampshire

Role In:: Agostini v. Felton; Arlington Central School District Board of Education v. Murphy; Boumediene v. Bush; Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, Inc.; Smith v. City of Jackson, Mississippi; Faragher v. City of Boca Raton; Lawrence v. Texas

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David Hackett Souter

associate justice of the U.S. Supreme Court

Also known as: David H. Souter

Written by

Brian P. Smentkowski

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Britannica Editors

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Top Questions

Who is David Hackett Souter?
David Hackett Souter (1939–2025) was an associate justice of the U.S. Supreme Court from 1990 to 2009. After earning law degrees from Harvard and Oxford, he spent two years in private practice before joining the state attorney general’s office, later becoming state attorney general in 1976.

In 1983, he was appointed to the state Supreme Court. President George Bush nominated Souter to the U.S. Court of Appeals and then to the U.S. Supreme Court in July 1990. Souter, initially expected to align with conservative justices, gradually became a moderate liberal, often siding with liberal members like Ruth Bader Ginsburg and John Paul Stevens. He retired from the Supreme Court on June 29, 2009.
1 Britannica Source
1. David Hackett Souter
Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
What job did David Souter have on the Supreme Court?
David Hackett Souter served as an associate justice of the U.S. Supreme Court from 1990 to 2009. President George Bush nominated Souter to the U.S. Supreme Court in July 1990, and the U.S. Senate confirmed him in October. Souter's nomination occurred before he had issued his first decision as a federal judge. Throughout his tenure, Souter gradually shifted from an expected conservative stance to a moderate liberal one, often aligning with liberal justices like Ruth Bader Ginsburg and John Paul Stevens.
1 Britannica Source
1. David Hackett Souter
Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
When was David Souter appointed to the Supreme Court?
David Hackett Souter served as an associate justice of the U.S. Supreme Court from 1990 to 2009. In February 1990, President George Bush nominated Souter to the U.S. Court of Appeals for the First Circuit in Boston. After Senate confirmation in May, Bush nominated him to the U.S. Supreme Court in July. Souter was confirmed in October with a vote of 90-9.
1 Britannica Source
1. David Hackett Souter
Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
What were some important decisions David Souter helped make?
David Souter, a U.S. Supreme Court Justice from 1990 to 2009, played a role in several important decisions. Initially expected to align with conservative justices, Souter gradually became a moderate liberal, often siding with justices like Ruth Bader Ginsburg and John Paul Stevens.

In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), Souter, contrary to expectations, did not support overturning Roe v. Wade. Instead, he joined Justices Kennedy and O'Connor in creating the "undue burden" standard, which restricted but did not eliminate abortion rights. Souter also took left-leaning stances on school desegregation and race-conscious electoral districting, dissenting in 1995 to argue for lower courts' latitude in addressing constitutional violations by public officials. In 1996, he opposed striking down congressional districting plans in North Carolina and Texas designed to ensure African American representation, arguing that no harm would be done to white voters.
1 Britannica Source
1. David Hackett Souter
Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
How was David Souter known for deciding cases?
David Souter, a U.S. Supreme Court Justice from 1990 to 2009, was known for evolving from a presumed conservative to a moderate liberal. Initially expected to align with conservative justices, Souter gradually sided with liberal members like Ruth Bader Ginsburg and John Paul Stevens.

His shift began with Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), where he helped create the "undue burden" standard for abortion laws, preserving abortion rights. Souter also favored school desegregation and opposed striking down race-conscious electoral districting plans aimed at ensuring African American representation in Congress. By the late 1990s, Souter was recognized as an intellectual leader among the court’s moderates, known for his consensus-building skills.
1 Britannica Source
1. David Hackett Souter
Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
What did David Souter do after retiring from the Supreme Court?
After retiring from the Supreme Court on June 29, 2009, David Hackett Souter, who passed away May 8, 2025, had expressed unhappiness with life in Washington and a desire to return to his home state of New Hampshire. By the late 1990s, Souter was known for his intellectual leadership among the court’s moderate members and for his skill at building consensus.
1 Britannica Source
1. David Hackett Souter
Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

David Hackett Souter (born September 17, 1939, Melrose, Massachusetts, U.S.—died May 8, 2025, Concord, New Hampshire) was an associate justice of the U.S. Supreme Court from 1990 to 2009.

Souter’s father was a bank manager and his mother a store clerk. He spent his early childhood in a Boston suburb before his family moved to rural East Weare, New Hampshire, in 1950. He attended Harvard University, from which he graduated magna cum laude in 1961. He then spent two years at Magdalen College, Oxford, on a Rhodes scholarship. Upon his return to the United States in 1963, he entered Harvard Law School, receiving his law degree in 1966.

After graduation, Souter spent two years in private practice in Concord, New Hampshire, before joining the state attorney general’s office. Appointed state attorney general in 1976, he was a frequent defender of the ultraconservative policies of Governor Meldrim Thomson, Jr. Two years later, Thomson appointed Souter associate justice of New Hampshire’s Superior Court, where he served for four years. In 1983 Governor John Sununu appointed him to the state Supreme Court. As a judge, Souter was considered tough on crime, favoring prosecutors and resisting reversals of criminal convictions.

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In February 1990 President George Bush nominated Souter to the U.S. Court of Appeals for the First Circuit in Boston. Confirmed by the U.S. Senate in May, Souter was nominated by Bush to the U.S. Supreme Court in July—before he had issued his first decision as a federal judge. In October he was easily confirmed (90–9). During the hearings, abortion-rights supporters unsuccessfully attempted to coax Souter to divulge his judicial position on abortion; indeed, his decision not to answer such questions was the central reason cited by those who voted against his confirmation.

Souter’s judicial record in New Hampshire indicated that he would be ideologically compatible with the conservative justices appointed by Bush’s predecessor, President Ronald Reagan. During his early tenure on the court, however, Souter gradually emerged as a moderate liberal, routinely aligning himself with more liberal members of the court such as Ruth Bader Ginsburg and John Paul Stevens. His gravitation to the left began with his role in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). Although Souter was expected to support William Rehnquist and Antonin Scalia in their effort to use the case to overturn Roe v. Wade (1973), the ruling that established the legal right to abortion, instead he joined with conservative justices Anthony Kennedy and Sandra Day O’Connor in devising a new “undue burden” standard for determining the constitutionality of laws intended to limit abortion, the effect of which was to restrict abortion rights but not to eliminate them.

Souter also adopted left-of-center positions in cases involving school desegregation and race-conscious electoral districting, arguing in a powerful dissent in 1995 that lower courts must be granted the latitude to correct problems emanating from constitutional violations created by public officials. In 1996 he opposed the court’s decision to strike down congressional districting plans in North Carolina and Texas that were aimed at ensuring African American representation in the U.S. Congress, maintaining that in each case no harm would be—or had been—done to the white voters of the state.

By the late 1990s, Souter was recognized for his intellectual leadership among the court’s moderate members and for his skill at building consensus. At the same time, he made no secret about his unhappiness with life in Washington and his desire to return to his home state of New Hampshire. On June 29, 2009, Souter retired from the Supreme Court.

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Brian P. Smentkowski

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